The Academy Charter School in Uniondale.

The Academy Charter School in Uniondale. Credit: Debbie Egan-Chin

Two Long Island school districts have filed suit seeking to overturn approvals green-lighting three proposed charter schools in their communities.

The Central Islip and Brentwood school districts filed separate lawsuits in February to stop The Academy Charter School from opening the schools, which have faced community opposition.

The State University of New York's board of trustees improperly approved the schools after the state Board of Regents recommended the proposed charters be dropped, the districts argued in court filings. The districts say they would have to pay millions of dollars in tuition reimbursements to the schools, causing "financial strain." They also questioned whether Academy had adequately outlined how it would "enroll and retain" low-income students, English language learners and students with disabilities.

Academy founder Barrington Goldson said in a statement, “While it would be inappropriate to comment on the specifics of pending litigation we are confident that the facts will support our position, but more importantly, allow additional families to benefit from the proven success of our academic environment as evidenced by the number of our graduates who move on to college and successful careers."

A spokesperson for SUNY's Charter Schools Institute did not return emails seeking comment. A spokeswoman for the districts declined to comment.

In the Brentwood district, Academy plans to open elementary and middle schools in September. The elementary school would be for students in kindergarten and first and second grades and would initially enroll 175 students. By the 2029-30 school year, it would extend to fifth grade and seat 500 students, according to legal documents.

A Brentwood middle school would open at the same time and have 450 students in grades six through eight by 2029-30, per legal documents.

In the Central Islip district, Academy wants to open a high school with 125 ninth graders in September 2027 before growing to 600 students in grades nine through 12 by the 2030-31 school year, according to legal documents.

The lawsuits say the state Board of Regents, which shares charter approval authority with SUNY trustees, returned the proposed charter school applications to the SUNY trustees in December and recommended they be "abandoned.”

The regents’ conclusion was based in part on community opposition and Academy's “inability to make the required findings that granting the application is likely to improve learning and achievement,” according to the lawsuits.

But the SUNY board of trustees and its Charter Schools Committee resubmitted the proposals to the Board of Regents on Jan. 22 without any changes, triggering automatic approval under the law, according to legal documents.

This recent legal challenge is just the latest legal entanglement over the proposed charter schools. In January, the New York State United Teachers, the state’s largest teachers union, also sued SUNY and Academy to have the three charter school approvals dropped.

The Brentwood district claims the two planned charter schools would result in an estimated “5-year financial loss” of nearly $99 million, according to legal filings. Citing the Charter Schools Institute, Central Islip claims in its petition that more than $16 million in funds “would be diverted annually” to Academy. 

Both districts also allege in the lawsuits that Academy does not detail how it will "meet enrollment targets" for students with disabilities, English language learners and students eligible for free- and reduced-price lunch. The lawsuits claim Academy's schools in Uniondale, Hempstead and Wyandanch fail to "meet target enrollments in some or all these categories.” 

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